When the time has come to make sure that the special needs of a loved one are cared for by trained professionals via a nursing home, you expect to be able to trust that the best possible care will be given to meet those needs.  Unfortunately, this is not always the case.

     Nursing homes owe a duty to the persons they have endeavored to care for.  When loved ones who are incapable of fully caring for themselves are injured while a resident in such a home, it is important that a full investigation be conducted into the nature of the injuries, and it is equally important that the home be held accountable for any negligence or misconduct which might have produced the harm.

     At GEISLEMAN & BROWN, LLP we will aggressively pursue claims for injuries caused by the negligence of a nursing home or its employees.  We have experience at holding these providers accountable, and we believe that family members have the right to trust that a nursing home will provide their loved ones with safe and effective care.  When that trust is breached, you need a law firm experienced in the handling of these claims.

 Medical Malpractice

      Under Indiana law, a special three-part process is involved in filing claims for injury that result from the negligence of a Qualified Healthcare Provider.  A QHCP is an Indiana Physician or Medical Facility who chooses to qualify for the protection given by Indiana Code section 34-18-1-1, et. seq., commonly known as the Indiana Medical Malpractice Act.

     This special law was enacted under Governor Otis "Doc" Bowen in 1975 to place caps on medical malpractice claims.  Even today, the maximum recovery under the Act for death or serious injury is $1,250,000.00.

     Claims for medical negligence must be proved by hiring and presenting a medical expert to review the patient's records and testify that:

   1. The care provided was unreasonable; and

   2. The failure to meet the standard of care and to provide needed care directly caused a preventable injury.

     Along with the expense of hiring a qualified medical expert, there is a pre-suit screening process called a Medical Review Panel, which is a panel of doctors convened to render an opinion as to the validity of the claim.  While not a binding opinion, it is a hurdle to overcome, if litigation is pursued despite a negative opinion.  The attorneys at GEISLEMAN & BROWN, LLP are familiar with presenting claims for medical malpractice, before the the Medical Review Panel, and before the Court.  We seek out highly qualified independent experts to help combat the defendant doctor's expert testimony, and to help overcome the review panel opinion, if a negative opinion is rendered as to any element of the claim.

     The complex procedural requirements of a Medical Malpractice case, as well as the need for hiring highly trained experts both mean that you should hire an attorney to protect all of your rights when you have suffered injury or the loss of a loved one from the negligence of a Qualified Healthcare Provider.  But don't just hire any attorney or law firm, hire one with the knowledge and experience necessary to submit such a complex case.  If you would like to hear more about why we could be the right firm to handle your Medical Malpractice claim, please contact us at the number below, or by submitting this form.